Moscow, the Russian Federation
Effective Date: 28.06.2019
1.1. For the purposes of this Agreement, the following terms shall have the meanings set forth below:
Administration means persons authorized by the Right Holder to perform administration, management, maintenance of the Platform and any other actions connected with using thereof;
Content means any materials (text messages, design elements, graphic images, photos, audio and/or video works and etc.) selected and placed in a special manner which are displayed and can be used with the System on the Website or with the software of the Mobile applications;
Personal account means the User’s graphic interface on the Website/ in the Mobile application which provides access, inter alia, to details and cost of services to be executed in accordance with the functionality of any Service;
Mobile application means the software anywayanyday specially designed for portable (mobile) devices and to be installed and loaded by the User on such devices using various software platforms. For the purposes of this Agreement, the Mobile application shall include the current version and all further versions thereof;
Platform means the Website and/or Mobile application, owned, controlled and managed by the Right Holder and/or persons of the same group therewith, to be used to provide the Services;
User means an Internet user;
Right Holder means “AWAD Ticket”, limited liability company (115114, Moscow, Derbenevskaya naberezhnaya, 7, bld. 12, 2nd floor; TIN 7704719450, OGRN 1097746010724);
Intellectual Property means intellectual property (as defined in Article 1225 of the Civil Code of the Russian Federation) provided by the functionality of the Platform and the Content of the elements included therein;
Agreement means this agreement on using the Platform;
Website means a complex of the System, the Content and other information contained in the information system Internet accessed, inter alia, by the domain name: www.anywayanyday.com;
Services means a range of services on execution of air and/or railway tickets, hotel room booking and other additional services to be provided to the User using the Platform;
System means the system «anywayanyday.com» (Certificate of State Registration of Computer Program No. 2013612738).
1.2. The Agreement may include any other terms not defined above. In such a case, this term shall be interpreted in accordance with the current legislation of the Russian Federation and under business practice.
2.1. This Agreement shall prescribe and determine terms and rules of using the Platform by the Users.
2.2. By installing the Mobile application and using it in any way, accessing the Website, using it and/or performing any other actions on the Website, the User acknowledges that he/she has read, understood, agreed to and accepted all this Agreement as may be amended, and the User undertakes to observe this Agreement and be held liable for breach hereof. If the User does not agree to the terms and conditions of this Agreement, the User should immediately stop using the Platform.
2.3. The Right Holder shall reserve the right to amend this Agreement at any time without giving any special notice. The updated version of the Agreement shall come into force immediately upon publishing thereof on the relevant page provided by the functionality of the Platform unless expressly agreed otherwise. It is the obligation of the User to review the current version of the Agreement regularly. If the User does not accept the amendments made to this Agreement, the User should stop using the Platform. The Users are also advised to seek competent legal assistance before making any actions based on information and materials posted on the Platform.
2.4. Besides this Agreement, the User’s rights and obligations shall be governed by other documents regulating operation of the Services and placed in relevant sections of the Platform, inter alia, by any consents to be given by the User, and also by the Personal Data Processing Policy. If any discrepancies between this Agreement and such special documents arise, the latter shall apply.
2.5. By saving the User’s settings, collecting information on the User’s software and hardware, his/her activities while using the Platform and detecting trends in the User’s actions, for example, when searching, the cookie files and user’s data are used (information on location; Operating System type and version; browser type and version; device type and resolution of its display; a source from where the User came to the website, from which website or following which advertisement; language of the Operating System and browser; which pages the User opens and which buttons it presses; an amount and parameters of the order, ip-address) to improve quality of the Platform and Services operation, advertisement targeting, for statistic and research purposes. If the User does continue using the Platform, the User acknowledges his/her consent to using the above mentioned personal data. Otherwise, the User shall select corresponding settings of the browser or shall not use the Platform.
If any issues relating to personal data processing arise, please refer to e-mail email@example.com.
3.1. The User shall complete a registration procedure in order to execute the orders. Upon completion of such registration procedure, the Personal account shall be created and the User shall be provided a login and password to enter into the Personal account.
3.2. The User may have only one Personal account. Otherwise, the unwanted Personal accounts of the User may be blocked.
3.3. The User shall provide true, complete and current information on himself/herself for registration purposes. At that, the Right Holder shall reserve the right to refuse or suspend registration of the new User at its sole discretion.
3.4. The User’s personal data shall be stored and processed in accordance with the terms and conditions prescribed by the Personal Data Processing Policy.
3.5. The User shall be fully liable for safety and confidentiality of the password and for any actions performed using his/her Personal account. Unless the contrary is proved, any action performed using the User’s login and password shall be considered as performed by this User itself and causes relevant legal consequences unless the User has notified of an unauthorized access to the Services using the User’s Personal account and/or of any breach (suspected breach) of his/her password confidentiality.
When using the Platform, obtaining access to the Personal account and further using of the Services
4.1. The User undertakes:
4.1.1. to observe provisions of the current legislation of the Russian Federation, this Agreement and other special documents;
4.1.2. for registration purposes, to provide true, complete and current information on himself/herself and on any persons on behalf of which this User uses the Services, and also to submit documents confirming adequacy of such information in order to prove authorities to use a bank card and in other cases. The User shall assume all potential risks connected with his/her actions that caused errors, inaccuracies in the personal data provided;
4.1.3. to update registration and other personal data if they change;
4.1.4. to notify of an unauthorized access to the Personal account and/or unauthorized use of the User’s password and login;
4.2. The User shall not:
4.2.1. impersonate any private or legal person, inter alia, a representative of such another person. At that, the User may be registered for and on behalf of any other person provided that necessary authorities are obtained in the form and manner set forth by the legislation of the Russian Federation;
4.2.2. try to obtain access to the other User’s login and password by any way, including but not limited, by fraud, by misuse of confidence, by forced entry;
4.2.3. illegally collect and process personal data of any other persons;
4.2.4. reproduce, copy, process, transmit, modify and otherwise use the Content, the System, the Website, the Mobile applications and other Intellectual Property without a prior written consent of the Right Holder except to the extent of the functionality provided by any of the Services;
4.2.5. try to obtain unauthorized access to any other computer systems using the Platform;
4.2.6. use the software and perform actions directed to break proper operation of the Platform;
4.2.7. publish, transmit and provide access to or otherwise use viruses and malicious software.
4.3. The User hereby acknowledges and agrees that the Platform and any of the Services provided may be not available at any time for technical reasons. The Right Holder shall reserve the right to perform necessary scheduled maintenance or other operations at any time without prior notice of the Users.
5.1. The Right Holder and/or third parties, as the case may be, shall hold the rights to the Content, the Website, the Mobile applications and other Intellectual Property. Except as otherwise expressly provided for by the legislation of the Russian Federation, the User may use the Content for personal non-commercial purposes provided that the User does keep intact all the marks of copyright and associated rights, trade marks, other notices of authorship, the name (or pseudonym) of an author/name of a right holder, and keep intact the relevant intellectual property item. The User may use the Content, the Website, the System, the Mobile applications and other Intellectual Property without a special written consent of the Right Holder only within the functionality provided by the Platform.
6.1. The Platform may contain links to websites and information resources operated by third parties in the Internet and such links are placed for convenience of the users only. The Right Holder shall not be obliged to keep track, examine and check third-party websites for compliance with the legislation of the Russian Federation. The Right Holder does not declare its approval and does not give any estimates of third party websites or information posted on such websites, and also of any possible results of use thereof. Only the User shall be held liable for use of third party websites. The Right Holder shall be liable for advertisement posted by it on the Website to the extent established by the legislation of the Russian Federation.
7.1. The User hereby acknowledges and agrees that all the information and materials posted on the Platform are provided “as is”. The Right Holder shall not warrant that the Platform or any services provided by the functionality thereof shall comply with particular purposes of use.
7.2. The User shall be solely liable for his/her actions connected with using of the Platform and the Services, inter alia, where such actions result in breach of any rights and/or legitimate interests of third parties, and also for compliance with the legislation of the Russian Federation when using the Platform and the Services.
7.3. In no event the Right Holder shall not warrant the User:
7.3.1. that loadings are free from failures and errors; delivery is not delayed, incorrect and (or) late; any information is not deleted, lost or kept safe; quality and authenticity of any information, inter alia, the User’s information, except for the User’s personal data which are kept safe;
7.3.2. that the quality of any Service, and also of any information obtained using one or some Services meets (will meet) with the User’s requirements and expectations;
7.3.3. that results which can be obtained by the User when using the Services are accurate and reliable and can be used for any purposes or in any way (in particular, to ascertain and (or) confirm any facts).
8.1. This Agreement shall come into force upon publishing on the relevant page of the Platform. This Agreement shall be governed and construed in accordance with the legislation of the Russian Federation. The issues not covered herein shall be resolved in accordance with the legislation of the Russian Federation.
8.2. If one or some provisions of this Agreement are found invalid or unenforceable, this fact shall not impair the validity or enforceability of other provisions hereof.
8.3. This Agreement is made in Russian. The translation hereof in any other language shall be additional and placed by the Platform for convenience of the User only. Should any discrepancies between the Russian version of the Agreement and translations hereof arise, the Russian version shall prevail.